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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 01-02-2014, 09:30 AM
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Default Costs Order Being Ignored

Hi,

We had our final trial last spring, where I was self represented against ex and her lawyer. I won the trial.

Subsequently, we made costs submissions and I also received a judgement for ex to pay costs, which she is now refusing to do.

What remedies are available to me in order to get her to comply with the cost judgement?
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Old 01-02-2014, 11:12 AM
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Hi,

We had our final trial last spring, where I was self represented against ex and her lawyer. I won the trial.

Subsequently, we made costs submissions and I also received a judgement for ex to pay costs, which she is now refusing to do.

What remedies are available to me in order to get her to comply with the cost judgement?
You can possibly bring a motion possibly to have the justice enforce the costs through the Family Responsibility Office.

More than likely if the costs order is a large one, the other party will file bankruptcy to try and get out of it. If they do... Fight it tooth and nail and come back here if you need assistance.

Good Luck!
Tayken
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Old 01-02-2014, 11:27 AM
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Thanks Tayken .. it's not a big cost award at all, since I was self-rep'd and the judge even allowed her to make LOW monthly payments, which she is refusing to make.

I'll pursue the FRO angle and see how far it'll go.
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Old 01-02-2014, 11:45 AM
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Thanks Tayken .. it's not a big cost award at all, since I was self-rep'd and the judge even allowed her to make LOW monthly payments, which she is refusing to make.

I'll pursue the FRO angle and see how far it'll go.
It may require a specific clause for enforcement through FRO. You could also ask the justice to update the order to include that clause possibly. You would need to book a "special session' with the justice and inform the other party.
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Old 01-02-2014, 12:32 PM
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@selfrepguy.....

Congrats on your VICTORY.....
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Old 01-02-2014, 01:20 PM
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@selfrepguy.....

Congrats on your VICTORY.....
There are no victories in family law. Family law is not a win-lose situation. Family law is not a battle. It is a dispute resolution service in our public system of justice and those who view it as a battle are only going to find themselves at the end of a costs order, put their children at risk of emotional harm and end up only losing.

No one wins in family law... There are no winners... only losers...

Good Luck!
Tayken
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Old 01-02-2014, 01:56 PM
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Quote:
There are no victories in family law.
I concur, perhaps it was the wrong word. It can be replaced with the phrase....he had a decision go his way!
Quote:

No one wins in family law... There are no winners... only losers...
Hmmm...What about lawyers then, don't they end up winning i.e. get paid anyway?
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Old 01-02-2014, 08:03 PM
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FYI, I have an order with VERY specific wording for costs and it has never been enforced by FRO. I actually had the wording from FRO's lawyers that was required to be in an order for them to enforce it and they still didn't enforce it. Its been 13 years and the amount has never been added to my arrears. FRO seems to do what they want and when they want to for the most part. It is next to impossible to force their hand, even if they are legally obligated to. As is trying to get someone on the telephone unless you are unemployed and can wait around all day on hold or for a return call.

Curious if this would now by a small claims issue? If you have an order for the costs already, it may be?
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Old 01-02-2014, 08:05 PM
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Actually, I'm wondering if you have the Order for the Costs and the wording is sufficient for the FRO to garnish, if you got your MP office involved. I know that the MPs have their own contacts at FRO and it may be the easiest way to at least determine if you have the correct wording for FRO enforcement or not.

Curious, how much were you awarded for costs considering you were self rep'd and did you get any insight as to how a judge came up with this figure? If you can't share publicly would you be able to PM me? We are going to trial as self rep next week
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Old 01-02-2014, 08:35 PM
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Tayken has discussed this issue in the past and the going rate for self represented people who are informed and prepared and documented their time preparing is around $100 per hour.
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